The costs case of the decade reaches positive conclusion
The case creates much greater certainty for solicitors and clients in how they can charge for their services and is a massive victory for access to justice.
Last month Judges in the Court of Appeal in the case of Belsner v CAM Legal Services ruled that the Defendant, CAM Legal Services had made fair, reasonable, and most importantly, lawful deductions from the claimant Ms Belner’s damages and did not need to be paid back.
Had the result gone the other way, this case could have created enormous ripples throughout the person injury market, potentially impacting thousands of similar low value claims in which law firms have used similar no win no fee arrangements with their clients.
The court found in favour of the CAM Legal Services on every single legal point taken against it by Darya Belsner, its former client and also criticised checkmylegalfees.com, Belsner’s cost recovery firm, business model.
Jamie Patton, Managing Director at Johnson Law Group, said: “This case creates much greater certainty and no doubt relief for solicitors and clients in how they can charge for their services and is a massive victory for access to justice” The case should not be viewed as a loss for claimants wishing to challenge their solicitors costs.
When a client has occasion to question or dispute the costs their solicitor charged, they should of course be allowed to raise concerns, but the correct route to do this is via the Legal Ombudsman Service – which has now been confirmed by the Court of Appeal.
The case provides much needed clarity on the question of what constitutes a valid deduction of damages under no win – no fee agreements – which can only be a good thing for the consumer in the long run.